Agenda item

Land at Heyford Grange, Letchmere Farm, Camp Road, Heyford Park

Meeting of Planning Committee, Thursday 10 March 2022 4.00 pm (Item 148.)

Decision:

Approved, subject to completion of a S106 legal agreement and conditions which will to be set out in the minutes.

Minutes:

The Committee considered application 21/03523/OUT, an outline planning application for the erection of up to 31 dwellings, public open space, landscaping, associated parking, vehicular access and ancillary works (all matters reserved except means of access) at Land at Heyford Grange, Letchmere Farm, Camp Road, Heyford Park for Pye Homes Limited.

Nigel Pugsley, Agent for the applicant addressed the meeting in support of the application.

In reaching its decision the Committee considered the officer’s report and presentation and the address of the public speaker.

Resolved

(1) That authority be delegated to the Assistant Director for Planning and Development to grant permission for application 21/03523/OUT subject to:

i) The completion of a planning obligation under section 106 of the Town and Country Planning Act 1990, to secure the heads of terms listed below (and any amendments as deemed necessary);

Affordable Housing:

• 10 affordable units to be delivered

• Affordable mix to be agreed with CDC

• 3 4-person units required

• 50% of the affordable rented units must meet the Building Regulations Requirement M4(2) Category 2: Accessible and Adaptable Dwellings requirement. Additionally, 100% of the affordable housing units are to be built the government's Nationally Described Space Standard (Technical Housing Standards). The wheelchair unit should conform to M4 (2) Category 3 of building regs accessibility requirement agreed with the Council.

Apprenticeships & Skills:

• The submission of an Employment Skills and Training Plan which would state the target number of apprenticeships within it and will require that it also sets out the arrangements through which the apprenticeships will be provided.

• Provision of 2.5 apprenticeships

Biodiversity:

• Enhancement towards and/or provision of off-site ecological mitigation measures to an agreed specification and quantum. Financial contribution in the region of £78,371

Conservation of heritage interests:

• Financial contribution in the region of £104,494

Health:

• Support Improvement of local primary care infrastructure (OCCG) based on OCCGs adopted policy to use a calculation of 2.4 x number of dwellings x £360 for contributions to health infrastructure.- £26,784

Household Waste Recycling Centres:

• Expansion and efficiency of Household Waste Recycling Centres (HWRC) - a contribution of £3,441

Contributions towards community infrastructure and open space:

• Indoor Sports Provision-£25,883.35

• Outdoor Sport Provision-£62,527.93

• Community Hall Facilities-£35.442.96

• Public Art/Public Realm-£6,994

• Community Development Worker-£6,243.38.

• Allotments-£64,856 capital sum to build out allotments and £4,888.00 maintenance sum

• Cemetery Provision - tbc

• POS-maintenance for 15 years at £20.49 m2

• Tree/hedgerow maintenance for 15 years-£198.82 per tree/£20.49m2 per hedge (to be measured)

• LAP with 3 pieces of equipment provided. Commuted maintenance/inspection sum for 15 years-contribution of £tbc

• Commuted sum for maintenance of watercourse and swales (for 15 years)- Total length of watercourse to be measured and multiplied by £116.98/m2/Swales £97.71 per m2

Oxfordshire County Council

Library:

Funding of Bicester library-financial contribution-£3,348

Education:

• Primary and nursery education serving the development- £213,125

• Primary school land contribution-£20.053

• Secondary education capacity serving the development-£99,480

• SEN capacity serving the development-£15,103

Waste Management:

Contribution of £2,912.76

Traffic and Transport:

This development, together with the adjacent Phase 1 (15/01357/F), will need to contribute proportionately to the off site mitigation measures for Heyford Park as agreed in the main Policy Villages 5 planning application under reference No.18/00825/ HYBRID. Specifically, this will include contributions towards the following measures.

• M40, Junction 10

• Bus service contribution

• Junction safety improvements A4260 / B4027

• HGV restrictions on the B4030

• Capacity improvements at Hopcrofts Holt

• Middleton Stoney Bus Gate or other scheme to relieve congestion

• Cycle link between Camp Road and B430

• Bridleway upgrade between B430 and Bicester

• Signalisation of Ardley Road/Bucknell Rd/B430 junction

• Signalisation of B430/unnamed road junction

• Junction of Chilgrove Drive and Camp Road

• Upgraded Chilgrove Drive and masterplan bus route

• Village traffic calming

• Junction safety improvements A4260/North Aston Road

• Camp Road improvements

• Crossing by school

• Travel Plan initiatives

The precise methods by which the proportionate share will be determined are still to be confirmed.

Monitoring fees:

• Contributions towards monitoring on behalf of both the District and County Council will also be required

ii) The following conditions (and any amendments to those conditions deemed necessary)

CONDITIONS

Time Limit

1. In the case of the reserved matters, application for approval shall be made not later than the expiration of three years beginning with the date of this permission.

Reason: This permission is in outline only and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 4 of the Town and Country Planning (General Development Procedure) Order 2010 (as amended).

Approved Documents

2. Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following documents:

• Planning Application Form

• Planning Statement

• Design and Access Statement

• Landscape and Visual Appraisal

• Arboricultural Impact Statement

• Flood Risk Assessment and Drainage Statement

• Transport Assessment

• Archaeological Assessment & Heritage Statement

• Ecological Appraisal

• Affordable Housing Statement (included in Planning Statement)

• Section 106 Heads of Terms (included in Planning Statement)

• Statement of Community Involvement (included in Planning Statement)

and drawings numbered:

• 2105-200 - Site Location Plan

• 2105-201 - Illustrative Masterplan

• 2105-203 - Land Use Parameter Plan

• 16413-01 C Proposed Site Access

• 16413-05 - Site Access & Vehicle Tracking

• 10215L.LSP.003 - Illustrative Landscape Strategy

• 4388-LETCH-ICS-02-XX-DR-C-0001-S2 P01 Indicative Drainage Strategy

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

Reserved Matters

3. Details of the layout, scale, appearance, and landscaping (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.

Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 6 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

Submission of further matters-prior to commencement

4. The development permitted shall not be begun until details of the following additional matters have been submitted to, and approved in writing by, the Local Planning Authority:

• A proposed scheme of access for pedestrians and cyclists to the western edge of the application site boundary to facilitate a scheme of access for pedestrians and cyclists to Larsen Road

• An energy statement demonstrating how all the dwellings will achieve a 19% reduction in carbon emissions above Part G of the building regulations and a water efficiency of not more than 110 litres/person/day.

Reason: - For the avoidance of doubt, to enable the Local Planning Authority to give further consideration to these matters, to ensure that the development is carried out only as approved by the Local Planning Authority, In the interests of creating Sustainable new development in accordance with the requirements of Policies ESD1, ESD2, ESD3, ESD4 and ESD5 of the Cherwell Local Plan 2011-2031 and to achieve a comprehensive integrated form of development in compliance with Policy Villages 5 of the adopted Cherwell Local Plan and to comply with Government guidance contained within the National Planning Policy Framework.

Landscape Management Plan-prior to occupation

5. Prior to the first occupation of the development hereby approved, a landscape and ecology management plan (LEMP), to include the timing of the implementation of the plan, long term design objectives, management responsibilities, maintenance schedules and procedures for the replacement of failed planting for all landscape areas, other than for privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the LEMP shall be carried out in accordance with the approved details.

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1, in the interests of the visual amenities of the area, to ensure the creation of a pleasant environment for the development, and to comply with Policy C28 of the adopted Cherwell Local Plan and Government guidance contained within Section 15 of the National Planning Policy Framework.

Open Space and Play Areas-prior to commencement

6. Prior to the commencement of the development hereby approved full details of the provision, landscaping and treatment of the open space and play space within the site including the LAP together with a timeframe for its provision shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the open space and play space shall be landscaped, laid out and completed in accordance with the approved details and retained at all times as open space and play space.

Reason: In the interests of amenity, to ensure the creation of a pleasant environment for the development with appropriate open space/play space and to comply with Policy BSC11 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

Construction of roads and paths-prior to commencement

7. Prior to the commencement of the development hereby approved, full specification details of the roads, footpaths and cyclepaths including construction, surfacing, layout, drainage and road markings, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of the first house the development shall be constructed in accordance with the approved details.

Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government guidance contained within the National Planning Policy Framework.

Construction of access and driveways-prior to commencement

8. Prior to the commencement of the development hereby approved, full specification details of the vehicular accesses, driveways and turning areas to serve the dwellings, which shall include construction, layout, surfacing and drainage, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter and prior to the first occupation of any of the dwellings, the access, driveways and turning areas shall be constructed in accordance with the approved details.

Standard of Construction-prior to occupation

9. Prior to the first occupation of any of the dwellings hereby approved, all of the estate roads and footpaths (except for the final surfacing thereof) shall be laid out, constructed, lit and drained in accordance with Oxfordshire County Council's 'Conditions and Specifications for the Construction of Roads' and its subsequent amendments.

Parking and manoeuvring specification-prior to commencement

10. Prior to the commencement of the development hereby approved, full specification details (including construction, layout, surfacing and drainage) of the parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the first occupation of the development, the parking and manoeuvring areas shall be provided on the site in accordance with the approved details and shall be retained unobstructed except for the parking and manoeuvring of vehicles at all times thereafter.

Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework

Travel Information Pack-prior to occupation

11. Prior to first occupation of any dwelling, a Travel Information Pack shall be submitted to and approved by the Local Planning Authority. The first residents of each dwelling shall be provided with a copy of the approved Travel Information Pack.

Reason - In the interests of sustainability, to ensure a satisfactory form of development and to comply with Government guidance contained within the National Planning Policy Framework.

Cycle Parking

12. Prior to the first use or occupation of the development hereby permitted, covered cycle parking facilities shall be provided on the site in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The covered cycle parking facilities so provided shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development.

Reason: In the interests of promoting sustainable transport modes in accordance with Government advice in the National Planning Policy Framework.

Construction Environmental Management Plan (CEMP)

13. No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The statement shall provide for at a minimum:

a) The parking of vehicles of site operatives and visitors;

b) The routeing of HGVs to and from the site;

c) Loading and unloading of plant and materials;

d) Storage of plant and materials used in constructing the development;

e) The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

f) Wheel washing facilities including type of operation (automated, water recycling etc) and road sweeping;

g) Measures to control the emission of dust and dirt during construction;

h) A scheme for recycling/ disposing of waste resulting from demolition and construction works;

i) Delivery, demolition and construction working hours;

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

Reason: To ensure the environment is protected during construction in accordance with Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

Sustainable Drainage Details Required (SUDS)-prior to commencement

14. Construction shall not begin until a detailed surface water drainage scheme for the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

• A compliance report to demonstrate how the scheme complies with the “Local Standards and Guidance for Surface Water Drainage on Major Development in Oxfordshire”;

• Full drainage calculations for all events up to and including the 1 in 100 year plus 40% climate change;

• Where calculations are provided for individual soakaway, a drawing must be provided which indicates the area attributed to the soakaway. This should match the area used in the drainage calculations.

• A Flood Exceedance Conveyance Plan;

• Comprehensive infiltration testing across the site to BRE DG 365 (if applicable)

• Detailed design drainage layout drawings of the SuDS proposals including cross section details;

• Detailed maintenance management plan in accordance with Section 32 of CIRIA

• C753 including maintenance schedules for each drainage element, and;

• Details of how water quality will be managed during construction and post development in perpetuity;

• Confirmation of any outfall details.

• Consent for any connections into third party drainage systems

Reason: To ensure that the development/site is served by sustainable arrangements for the disposal of surface water, to comply with Policy ESD6 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policy ENV1 of the Cherwell Local Plan 1996 and Government advice in the National Planning Policy Framework.

Sustainable Drainage Management-prior to first occupation

16. Prior to first occupation, a record of the installed SuDS and site wide drainage scheme shall be submitted to and approved in writing by the Local Planning Authority for deposit with the Lead Local Flood Authority Asset Register. The details shall include:

(a) As built plans in both .pdf and .shp file format;

(b) Photographs to document each key stage of the drainage system when installed on site;

(d) The name and contact details of any appointed management company information.

Construction Environmental Management Plan (CEMP) for Biodiversity – Prior to commencement

17. No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP: Biodiversity shall include as a minimum:

a) Risk assessment of potentially damaging construction activities;

b) Identification of ‘Biodiversity Protection Zones’;

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

d) The location and timing of sensitive works to avoid harm to biodiversity features;

e) The times during construction when specialist ecologists need to be present on site to oversee works;

f) Responsible persons and lines of communication;

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

h) Use of protective fences, exclusion barriers and warning signs

The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 2031 Part 1 and Government guidance contained within Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

Badgers Mitigation – Prior to commencement

18. Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a mitigation strategy for badgers, in compliance with the strategy sent out in the submitted Ecology Report which shall include details of a recent survey (no older than six months), whether a development licence is required and the location and timing of the provision of any protective fencing around setts/commuting routes, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

Reason: To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme

Details of Lighting – prior to commencement (CPDA/ecologist)

19. Details of the external lighting including the design, position, orientation and any screening of the lighting shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The lighting shall be installed and operated in accordance with the approved scheme at all times thereafter.

Reason: To protect the amenities of nearby residents and light sensitive ecology, in the interest of public safety and to comply with Policy ESD15 of the Cherwell Local Plan 2011 – 2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996

Biodiversity Enhancement – Prior to development commencing

20. A method statement for enhancing the bat/bird/invertebrate provision per dwelling shall be submitted to and approved in writing by the Local Planning Authority prior to the development reaching slab level. Thereafter, the biodiversity enhancement measures approved shall be carried out prior to occupation and retained in accordance with the approved details.

Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy ESD10 of the Cherwell Local Plan 2011 – 2031 Part 1 y and Government guidance contained within Section 15 of the National Planning Policy Framework.

NSP licence required conditions

21. No development hereby permitted shall take place except in accordance with the terms and conditions of the Council’s organisational licence (WML-OR94) and with the proposals detailed on plan ‘Larsen Road Phase 1 and 2 combined: Impact Plan for great crested newt district licensing’ Version 3 dated 19th October 2021.

Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the organisational licence WML-OR94.

22. No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR94), confirming that all necessary measures in regard to great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the local planning authority and the local authority has provided authorisation for the development to proceed under the district newt licence. The Delivery Partner certificate must be submitted to this planning authority for approval prior to the commencement of the development hereby approved.

Reason: In order to adequately compensate for negative impacts to great crested newts.

23. No development hereby permitted shall take place except in accordance with Part 1 of the GCN Mitigation Principles, as set out in the District Licence WML-OR94 and in addition in compliance with the following: - Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians. - Capture methods must be used at suitable habitat features prior to the commencement of the development (i.e. hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development). - Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.

Reason: In order to adequately mitigate impacts on great crested newts.

Land Contamination Desk Study / Site Walkover-prior to commencement

24. Prior to the commencement of the development hereby permitted a desk study and site walk over to identify all potential contaminative uses on site, and to inform the accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and shall be submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval that it is satisfied that no potential risk from contamination has been identified.

Reason: To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use to comply with Saved Policy ENV12 of the Cherwell Local Plan and Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

Land Contamination Intrusive Investigation-prior to commencement

25. If a potential risk from contamination is identified as a result of the work carried out under condition 24, prior to the commencement of the development hereby permitted, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy ENV12 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework.

Land Contamination Remediation Scheme-prior to commencement

26. If contamination is found by undertaking the work carried out under condition 25 prior to the commencement of the development hereby permitted, a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

Land Contamination Remediation Scheme

27. If remedial works have been identified in condition 26, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 26. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

Land Contamination Remediation Scheme (EA)

28. If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.

TWU water infrastructure-prior to occupation

29. No development shall be occupied until confirmation has been provided that either:- all water network upgrades required to accommodate the additional flows to serve the development have been completed; or - a development and infrastructure phasing plan has been agreed with Thames Water to allow development to be occupied. Where a development and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan.

Reason - The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development"

Supporting documents: